This bill clarifies that existing land access rights can be used to convey water for aquifer recharge purposes without major federal authorization, provided certain notice and use conditions are met.
James Risch
Senator
ID
This bill amends the Aquifer Recharge Flexibility Act to clarify how existing land access rights, like rights-of-way, can be used to transport water for aquifer recharge purposes. It generally allows entities to use these existing paths without additional federal authorization, provided the use does not expand the original scope. The legislation also establishes notice requirements for the Bureau of Land Management and exempts these specific recharge activities from certain rental fees and environmental compliance obligations.
Water Bill Fast-Tracks Aquifer Recharge by Waiving Key Environmental Laws for Right-of-Way Holders
This bill section is a targeted update to the existing Aquifer Recharge Flexibility Act, and it’s designed to put the pedal down on getting water back into the ground. Essentially, it makes it much easier for state, local, or tribal governments to use existing infrastructure—think old utility easements, ditches, or rights-of-way—to transport water specifically for refilling underground aquifers.
The core change is procedural: If you have an existing right-of-way, you can now use it for water conveyance for aquifer recharge on behalf of a public entity without needing to go through the lengthy federal authorization process. The bill states this use won't be considered a “major federal action” or a “substantial deviation” from the original use, provided the physical footprint of the access point doesn’t actually change. This is a huge win for streamlining, as it cuts through layers of red tape that normally slow down large water projects.
The Environmental Trade-Off
Here’s where the rubber meets the road, and you need to pay attention. While the bill streamlines the process, it introduces a massive environmental waiver. For the right-of-way holder engaged in this specific recharge activity, the bill explicitly waives compliance with three major federal environmental laws: the Federal Water Pollution Control Act (which governs water quality), the Endangered Species Act of 1973 (ESA), and the Wild and Scenic Rivers Act.
Think about it this way: If a public agency is pushing a large volume of water through an old ditch system that runs near critical habitat for an endangered species, the holder of that ditch’s right-of-way is now exempt from complying with the ESA regarding that water movement. This is a significant shift, prioritizing speed and water quantity management over established environmental protections. While the goal of aquifer recharge is vital, this provision raises serious questions about the potential for unmitigated environmental damage, especially if the recharge activities inadvertently affect water quality or protected species.
Paperwork and Profit Rules
Even with the fast track, there are still rules. If you’re using an existing access point for recharge, you still have to give the Bureau of Land Management (BLM) at least 30 days’ notice. This notice needs to include specific details: who you’re working for (the public entity), which right-of-way you’re using, and the scope of the recharge. This 30-day window is the only real check-in point with the federal government.
Another practical detail: Money. If the recharge activity is being done for a public good, the entity won't have to pay extra rent to the BLM for using the federal land. However, this rent exemption is explicitly taken off the table if the recharge activity is for a for-profit use or if the entity carrying it out is a for-profit business. This ensures that the streamlined process and financial break primarily benefit public water managers, not private enterprises looking to make a buck off the recharge process.